My seller decide to sell the house in name oh her company

Ama2015

We are in the process of buying a freehold property and recently the seller decided to sell the house in name of her company( even we signed all the documents with her name and our name from the solicitors - after 2 months from my mortgage been offered )
- My solicitor highlighted that this house has a restrictive covenant from 1982 ( and an extension built between 2011-2014 breaching that restriction); solicitor advised indemnity policy to be done by the seller
- also the seller asked to put in place garden doors and windows after the exchange of contracts;

What do you advice me? I am afraid that the seller will not put the windows, also I do not know what is the reason they selling ( after 2 months ) as a company.

Guest101

Well I imagine the house is owned by the company, for whatever reasons. Money laundering regulations will mean that the funds will need to be deposited into the company accounts.

As for the windows, u asked after exchange, if they don't do it, that's your look out. Unless contracts were amended and re-signed & exchanged

jjlandlord

This post is rather unclear.

Have you exchanged?
If you have, presumably the searches highlighted that the house was in the seller's name, not in a company's name and if the seller's does not proceed he will be in breach.

Ama2015

We did not exchange contracts, and now I asked the seller to put the windows before exchange, the house appears bought by a person in 2013 not by a company.

Annie1960

Your solicitor should be able to answer these questions, as they will have the papers.

stator

The house doesn't have doors and windows at the moment?

G_M

1) you and your solicitor must surely know who owns the property : a named person or a named company? Whoever owns it, that is who sells it!

2) If the house has no doors/windows, do NOT get the seller to put them in. He (or the company!) will do a cheap, shoddy, cr*p job. Take into account the lack of doors/windows and offer to buy the property at a price that reflects its condition. Once you own the house, put in your own doors/windows. You can then choose your own contractors, and your own doors.

3) An indemnity policy will pay out cash to you to cover the cost of removing the extension if the beneficiary of the covenant forces you to do so. It will NOT protect the extension. So if you only want the property WITH the extension, bear in mind you might lose it!

Has the extension got the required Building Regulations certificates?

geezadrc

If you are buying the house and the extension is breaking this covenant then you need to get the property revalued to not include the extension, as it has a chance that someone can come along and force you to rip it down so this should be reflected in the price.

I have a house on the market which i bought as a 3 bed, it had a very well done attic conversion but because there was no proof of building regs signing off on everything and being involved in the whole process it could only be sold as a 3 bed, it took a hell of a lot of work to get that attic conversion signed off by building regs, I mean we had to rip the whole thing apart to prove it was done right and there was always a chance that building regs could have forced us to put it all back how it was.

This was the single most stressful experience of my life and to this day I have panic attacks when I have to go to the house.

Hope this helps
Regards
Dave

AdrianC

It's quite simple. The owner needs to sell the house.

If the owner is the individual, then the individual needs to sell it.
If the owner is the company, then the company needs to sell it.

Making sure the vendor owns it is part of your solicitor's job.

I'd agree with G_M on the windows - make your life simple, and do it yourself after purchase. You'll get exactly what YOU want, that way, not what somebody else thinks is the cheapest way of doing what they think you want.

Ama2015

They putting the windows ( just for kitchen ) and garden doors now ( just this windows and garden doors were missing and they had it already inside the house but not in place. The agency said they need to obtains a new building certificate because they putting the windows because they do not have a Fensa certificate for this.
The extension has planning permission and building reg certificate.
Also they said they will put the carpet after the exchange. Do I have any guaranty that the seller will respect that?

Ama2015

The covenant restriction for the property is from 1982. Is it possible after so many years someone to come and ask for extension to be removed?